6 Factors that Determine What Your Personal Injury Claim is Worth

6 Factors That Determine What Your Personal Injury Claim Is Worth

You may find yourself in a personal injury case due to an accident, illness or medical malpractice. It may be necessary to hire an experienced injury attorney to guide you through the complexity of a personal injury claim. While each case is unique, there are generally six important factors that will determine how much your personal injury claim is worth.

1. Who Is At Fault?

If after an investigation of your case it has been determined that another person or business was at fault, this will likely increase your claim. If it’s unclear who was at fault, or if both you and another person share fault, you may end up receiving only a percentage of what your damages are worth. There are a few important factors to consider when determining fault.

  • The police report
  • The credibility of the witness
  • Preexisting conditions

2. How Much Income Is Lost?

If you are the primary breadwinner in your family and you won’t be able to work for an extensive period of time this will likely increase your claim. According to DMV.org, there are several steps you’ll need to take to calculate your lost wages and prepare for a personal injury case. This may include receiving letters from your doctor, your employer and possibly a police report.

3. What Is The Severity Of The Injuries?

If you suffer from life-threatening injuries you’ll need a greater compensation than if you only suffer minor injuries. Not only will the severity of the injuries be taken into consideration, but if the condition will be permanent. Permanent is a big deal. You may need medications or certain types of therapy. Injuries that are more severe are referred to as hard injuries.

  • Spinal cord injuries
  • Head injuries
  • Nerve damage
  • Broken bones

Injuries that are normally considered less severe are called soft tissue injuries. These types of injuries often require little to no medical care and are not permanent.

  • Bruising
  • Sprains
  • Muscle strains
  • Whiplash

4. What Are The Medical Expenses Related To The Personal Injury Claim?

Even a few days in the hospital for relatively minor injuries can be quite costly. According to a recent survey reported in Forbes, unplanned medical expenses created financial hardship for 63 percent of those who responded.

Will there be the possibility of future medical expenses related to your current injuries?

How much medical care or therapy will you need to reach your previous level of health before the injury?

All of these questions will need to be taken into consideration when determining the worth of your claim.

5. Is there Any Property Loss?

If you’ve been in an automobile accident this would include your vehicle and any other property that was in the car and damaged during the accident. If you’ve been in a car accident it’s important to always call the police and obtain a police report.

It will need to be determined if any of your property is a total loss. Should items be replaced or repaired, and what would be the estimated cost?

6. How Much Pain And Suffering Is Involved?

Emotional as well as physical pain and distress would be considered when determining the worth of a claim. The pain and suffering claims involved in an accident are often not just limited to the injury itself.

Unfortunately, marriages have crumbled and lifestyles have dramatically changed after a serious accident. It can be extremely stressful to endure medical treatments and make your way back through the healing process.

Remember, hurt people go to the doctor. Also, people who are suffering from mental stress and anguish also go see medical professionals and get the suffering documented.

If you’ve been injured due to an automobile accident, work-related incident, a faulty product or because of a medical related issue it’s important to seek legal counsel as soon as possible.

There are often time limits regarding how long you have to make a claim. Smiley Law Firm can provide you with a committed team of experienced attorneys who will fight for you. Contact Smiley Law Firm for more information.

Comments

  1. Seth Smiley

    on July 17, 2019

    Thank you for the comment, please tell your friends! 🙂

  2. Seth Smiley

    on July 17, 2019

    Thank you for the comment. I am sorry to hear about your sister. Please reach out to our firm as we may be able to help. If the accident was not in a jurisdiction where we are licensed then we can help her find a qualified attorney in the proper jurisdiction.

  3. Seth Smiley

    on July 17, 2019

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  4. Seth Smiley

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  6. Angela Waterford

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    My brother was injured in a car accident because of a drunk driver. I think I should tell him to hire an auto accident attorney in order to address his concerns with the insurance company. Thanks for mentioning that they’ll be able to help him prove that he was harmed by the driver so that he can get compensation for his injuries.

  7. Thomas Jameson

    on July 15, 2019

    It’s good to know that roughly 40% of auto accidents are caused by alcohol. My sister was in a car accident last week where she was t-boned by a driver who might have been drunk. I’ll pass this information along to her so that she can look further into her options for hiring an attorney to help her get the money she deserves from her case.

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  11. Seth Smiley

    on July 12, 2019

    Thank you for the comment. Tell your sister to give us a call and we can point her in the right direction with regards to legal representation for her texting and driving accident.

  12. Seth Smiley

    on July 12, 2019

    Thank you. We appreciate your comments on our legal guide.

  13. Thomas Jameson

    on July 11, 2019

    It’s good to know that you should hire an attorney to help you press charges if you are injured by someone who is texting and driving. My sister was in an accident the other day, and the other driver was a teenage girl who was most likely texting. I’ll pass this information along to my sister so that she can look further into her legal options.

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  18. Seth Smiley

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  23. Seth Smiley

    on July 5, 2019

    Thanks, Braden. Yes, you should contact a personal injury attorney to discuss your options.

  24. Braden Bills

    on July 5, 2019

    I was in a car accident, and I’m not sure what to do about it. It makes sense that getting a professional lawyer to help with this would be important. They would be able to ensure that I get compensated for this, and can pay my medical bills.

  25. Seth Smiley

    on July 3, 2019

    Gillian, I could not agree with you more. Thank you for the comment.

  26. Gillian Babcock

    on July 3, 2019

    My sister was crossing the street when a speeding motorcycle passed by and she was hit and badly injured. It was explained here that a lot of experience grave injuries from vehicular accidents some of them even die. Moreover, it’s ideal to hire an experienced personal injury lawyer to help her file claims.

  27. Seth Smiley

    on July 2, 2019

    Thank you for the comment. We have a number of other blogs on our site that are helpful. Click around or give us a call for more information on injury claims.

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  29. Seth Smiley

    on July 2, 2019

    Angela, thank you for the comment. If you or your grandmother need help with the texting and driving accident and injury, please reach out to our firm.

  30. Angela Waterford

    on July 2, 2019

    There was a teenager who injured my grandmother due to texting while driving. I think I’ll hire a car accident lawyer because her life had been irreparably changed. Thanks for pointing out that I’ll be able to point out his negligence with the attorney’s help, so I’ll be sure to hire a good one.

  31. Seth Smiley

    on July 1, 2019

    Thank you for the comment, Jackson!

  32. Jackson Bush

    on July 1, 2019

    I like how you mentioned that an attorney can help establish negligence. My daughter recently got her license and I’m worried that she could get in an accident and automatically blame it on herself because that’s just her personality. I’ll be looking for a reliable attorney for any possible accidents in the future.

  33. Seth Smiley

    on June 28, 2019

    Thanks for the comment

  34. Angela Waterford

    on June 27, 2019

    I had been injured in a car accident last week. As far as I know, the driver who drove the other car was drinking alcohol. Thanks for mentioning that I should call an attorney for this, so I’ll be sure to do that.

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    on June 19, 2019

    It’s good to know that many car accidents are caused by texting and that you can easily make a legal case against it. My sister was injured in a car accident last week where the other driver was texting. I’ll pass this information along to her so that she can look further into her legal options.

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  39. Camille Devaux

    on June 12, 2019

    My sister is thinking about getting an auto accident injury service. She would love knowing that she should look for a service that will have a good policy. Finding an auto accident injury service that can offer a good way to get out of court unscathed and helped.

  40. Kate Welling

    on June 11, 2019

    I like how you said that a car accident attorney might be able to help us locate a local repair shop. This is great to know, especially since my husband just got in a car accident. It happened at a busy intersection! I’ll definitely look into finding a personal injury lawyer to help him out.

  41. Stefan Bradley

    on June 11, 2019

    It’s a shame that 40% of accidents are caused by irresponsible drinking, it really makes you worry about your family’s safety. My sister got into a car accident a few years ago and struggled to figure out exactly what to do after the accident. Knowing who to call and what to do next would have saved her a lot of time and prevented her from being too stressed after such a scary experience.

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  43. Sam Li

    on June 6, 2019

    I appreciate what you said about determining which party was at fault during a car crash. Working with a reliable injury attorney is vital if you have been hurt due to the fault of another. If I were to get hurt in an auto accident, I would find an attorney with a winning track record to work with.

  44. Shayla Cademis

    on May 31, 2019

    I didn’t know you could get compensation for things like losing a job, having difficulties with mortgage payments, or getting a divorce after an auto accident. My brother-in-law was in a car accident last week after another driver ran a red light at an intersection. He’s definitely had a few medical bills, but I’ll have to let him know he should be aware of other possible compensations. Hopefully we can help him find a good attorney in his area. Thanks for the info!

  45. Bob

    on May 30, 2019

    I love your personal injury lawyer tips. My father just got hit by a drunk driver. I’ll have to get him a lawyer so he can sue the guy to his last dime.

  46. What to Do if You are in an Auto Accident

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  47. 4 Tips to Heed After Filing a Personal Injury Insurance Claim - Law Policy

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